Monday, July 23, 2012

In the Calcutta High Court, W.P. No. 7721 (W) of 2009 Between Arun Kumar Hazra and State of West Bengal and Others -

Brief - Inquiry Officer was a legal Practitioner in High Court. Management did not appoint presenting officer. Inquiry officer himself put questions to delinquent. Petitioner was not permitted to have assistance of legal practitioner and he was not given opportunity to defend himself. There was total violation of principles of natural justice. Hence, inquiry not conducted properly.

In the judgement of the High Court, the inquiry report is quashed and set aside as having made in gross violation of the principles of natural justice. The punishment inflicted on the basis of such inquiry report cannot be sustained.

The High Court judgement also stated - "The respondent authorities are directed to conduct a de novo inquiry after giving an opportunity to the petitioner to defend himself through a legal practitioner."